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Wisconsin Legislature: SB277: Text as Enrolled
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SB277: Text as Enrolled
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Date of enactment:
2025 Senate Bill 277
Date of publication*:
2025 WISCONSIN ACT
An Act
to renumber
227.15 (3);
to amend
227.114 (2) (intro.), 227.14 (6) (c) 1. (intro.), 227.15 (7) and 990.01 (30m);
to create
35.93 (2) (b) 3. gn., 35.93 (2) (b) 3. gq., 35.93 (2) (c) 2m., 35.93 (3) (g), 227.10 (3) (f), 227.135 (1) (g), 227.137 (3) (h), 227.14 (6) (c) 1m., 227.15 (3) (b) and 227.225 of the statutes;
relating to:
the expiration of administrative rules.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB277,1
Section
1
.
35.93 (2) (b) 3. gn. of the statutes is created to read:
35.93
(2)
(b) 3. gn. Notices of readoption of Wisconsin administrative code chapters received under s. 227.225 (2) (a) and certifications regarding readoption notices received under s. 227.225 (2) (e).
SB277,2
Section
2
.
35.93 (2) (b) 3. gq. of the statutes is created to read:
35.93
(2)
(b) 3. gq. Statements of extension of Wisconsin administrative code chapters received under s. 227.225 (4) (c).
SB277,3
Section
3
.
35.93 (2) (c) 2m. of the statutes is created to read:
35.93
(2)
(c) 2m. Chapters of the Wisconsin administrative code removed under sub. (3) (g).
SB277,4
Section
4
.
35.93 (3) (g) of the statutes is created to read:
35.93
(3)
(g) On or after the date that a chapter of the Wisconsin administrative code expires under s. 227.225, the legislative reference bureau shall remove the chapter from the Wisconsin administrative code.
SB277,5
Section
5
.
227.10 (3) (f) of the statutes is created to read:
227.10
(3)
(f) An agency shall avoid in rules the use of words or phrases that are outdated or that are now understood to be derogatory or offensive.
SB277,6
Section
6
.
227.114 (2) (intro.) of the statutes is amended to read:
227.114
(2)
(intro.) When an agency
proposes or revises
promulgates
a rule that may have an effect on small businesses, the agency shall consider each of the following methods for reducing the impact of the rule on small businesses:
SB277,7
Section
7
.
227.135 (1) (g) of the statutes is created to read:
227.135
(1)
(g) If the rule is a rule to readopt a chapter of the code under s. 227.225 (3), a statement to that effect.
SB277,8
Section
8
.
227.137 (3) (h) of the statutes is created to read:
227.137
(3)
(h) If the proposed rule seeks to readopt a chapter of the code under s. 227.225 (3), an analysis of how actual costs for the rule compare to a previous economic impact analysis, if any, for a rule affecting the chapter.
SB277,9
Section
9
.
227.14 (6) (c) 1. (intro.) of the statutes is amended to read:
227.14
(6)
(c) 1. (intro.)
A
Except as provided in subd. 1m., a
proposed rule shall be considered withdrawn on whichever of the following dates occurs first, unless it is withdrawn sooner by the agency under par. (b):
SB277,10
Section
10
.
227.14 (6) (c) 1m. of the statutes is created to read:
227.14
(6)
(c) 1m. A proposed rule to readopt a chapter of the code under s. 227.225 (3) shall be considered withdrawn on the date that chapter expires under s. 227.225 (1) unless it has been filed with the legislative reference bureau under s. 227.20 (1) before the expiration date under s. 227.225 (2) (a) or withdrawn sooner by the agency under par. (b).
SB277,11
Section
11
.
227.15 (3) of the statutes is renumbered 227.15 (3) (a).
SB277,12
Section
12
.
227.15 (3) (b) of the statutes is created to read:
227.15
(3)
(b) When a proposed readoption notice for a chapter of the code under s. 227.225 (2) is before a standing committee of the legislature or the joint committee for review of administrative rules, the legislative council staff shall report to that committee on what took place the last time a readoption notice for that chapter was considered before the legislature under s. 227.19. The legislative council staff shall also issue a written certification under s. 227.225 (2) (b) 2. as to whether the requirements under s. 227.225 (2) (a) 1. to 5. have been fully met.
SB277,13
Section
13
.
227.15 (7) of the statutes is amended to read:
227.15
(7)
Rules procedures manual.
The legislative council staff and the legislative reference bureau shall prepare a manual to provide agencies with information on drafting, promulgation and legislative review of rules.
The manual shall prescribe the format for readoption rules under s. 227.225 (3).
SB277,14
Section
14
.
227.225 of the statutes is created to read:
227.225
Expiration and readoption of code chapters.
(1)
Expiration of code chapters.
(a) Each chapter of the code expires on the January 1 of the 7th year after the year in which a rule creating, repealing and recreating, or readopting that chapter of the code takes effect as provided in s. 227.22, unless the rule provides for an earlier repeal date, or on the January 1 of the 7th year after the year in which the chapter is readopted under sub. (2) (d).
(b) 1. Notwithstanding par. (a), a chapter of the code that was in effect on the effective date of this subdivision .... [LRB inserts date], and that is not repealed and recreated by a rule prior to January 1, 2035, shall expire in accordance with the schedule established under subd. 2. unless it is repealed earlier.
2. The joint committee for review of administrative rules shall, in consultation with the affected agencies and within one year after the effective date of this subdivision .... [LRB inserts date], establish a schedule for the expiration of all chapters described under subd. 1. The schedule may provide for the expiration of code chapters on any January 1 beginning with January 1, 2028, and ending with January 1, 2035. The joint committee for review of administrative rules shall have the schedule published on the legislature’s website and shall provide a copy of the schedule to each affected agency.
(c) A change made by the legislative reference bureau under s. 13.92 (4) (b) does not affect a chapter’s expiration date under par. (a) or (b).
(d) This subsection does not apply to emergency rules promulgated under s. 227.24.
(2)
Readoption of chapter by notice.
(a) No earlier than January 1 and no later than March 1 of the year preceding the expiration date of a chapter of the code, an agency may submit to the chief clerk of each house of the legislature and to the joint committee for review of administrative rules a notice that it intends to readopt the expiring chapter. The notice shall be submitted in triplicate. An agency may not propose to readopt more than one chapter per notice. The presiding officer of each house of the legislature shall, within 10 working days after the date on which the notice is received, direct the appropriate chief clerk to refer the notice to one standing committee and to enter a statement that a proposed code chapter readoption notice has been received in the journal of his or her house. The agency shall submit a copy of the notice, in an electronic format approved by the legislative reference bureau, to the legislative council staff and to the legislative reference bureau for publication in the register. The notice shall contain all of the following:
1. A brief statement explaining the basis and purpose of the chapter.
2. A reference to each statute that is interpreted by any rules contained in the chapter, a reference to each statute that explicitly authorizes the promulgation of each section contained in that chapter, and an explanation of the agency’s explicit authority to promulgate the rules contained in the chapter under those statutes. Sections 227.10 and 227.11 may not be cited as explicit authority to promulgate any portions of the chapter.
3. A statement affirming that all rules contained in the chapter are in compliance with the requirements under this subchapter and are not otherwise in need of revision due to changes to state or federal law or for any other reason.
4. A statement affirming that the chapter is being readopted without any changes in substance or form and that the readopted chapter is identical to the chapter currently published in the administrative code.
5. An analysis of any redundancy of the rules contained in the chapter with federal law.
(b) 1. Upon receipt of a readoption notice under par. (a), the chairperson or cochairpersons of each standing committee and the joint committee for review of administrative rules shall provide a copy of the notice to each other member of the committee.
2. Upon receipt of a readoption notice under par. (a), the legislative council staff shall immediately review the readoption notice and make a written certification to the standing committees and joint committee for review of administrative rules as to whether the readoption notice fully complies with the requirements under par. (a) 1. to 5.
(c) The review period for each standing committee and the joint committee for review of administrative rules extends for 40 days after the agency submits the readoption notice under par. (a). During the review period, each committee to which the notice is referred shall review the proposed readoption and may hold a public hearing to review a proposed readoption or request that the agency meet with the committee to review the proposed readoption. A standing committee may meet separately or jointly with the other standing committee to which the notice under par. (a) was referred.
(d) 1. If the legislative council staff’s review and written certification under par. (b) 2. concludes that the readoption notice fully complies with all requirements under par. (a) 1. to 5. prior to the expiration of the review period under par. (c), the chapter shall be considered readopted for purposes of sub. (1) (a) without further action.
2. If the legislative council staff’s review and written certification under par. (b) 2. concludes that the readoption notice does not fully comply with all requirements under par. (a) 1. to 5., the agency may make changes to the notice that are necessary to correct the deficiencies identified in the legislative council staff’s written certification, or may readopt the chapter using the process under sub. (3). If the deficiencies are not corrected, or if any rule to readopt the chapter under sub. (3) is not filed under s. 227.20 (1) prior to the expiration date under sub. (1), the chapter shall, subject to sub. (4), expire on its expiration date. If an agency modifies a notice solely to correct deficiencies identified by the legislative council staff under this subdivision, the agency is not required to resubmit the notice under par. (a), but the legislative council staff shall review the modified notice and issue a supplemental certification. If the legislative council staff’s supplemental certification concludes that the readoption notice fully complies with all requirements under par. (a) 1. to 5. prior to the expiration of the review period under par. (c), the chapter shall be considered readopted for purposes of sub. (1) (a) without further action.
(e) The legislative council staff shall submit a copy of each certification it makes regarding a readoption notice under par. (b) 2. or (d) 2. to the legislative reference bureau for publication in the register.
(3)
Readoption of chapter by rule.
If an agency does not readopt a chapter using the notice procedure under sub. (2), the agency may promulgate a rule to readopt the chapter by first preparing a statement of scope under s. 227.135 and complying with all other requirements of this chapter. All of the following apply with respect to a rule promulgated under this subsection:
(a) An agency may not propose to readopt more than one chapter per rule.
(b) An agency may propose to readopt the chapter without changes or may propose changes to the chapter.
(c) The rule to readopt the chapter shall comply with the requirements under sub. (2) (a) 1. to 3., and if there are no changes to the chapter in substance or form and the readopted chapter is identical to the chapter currently published in the administrative code, include an affirmation that the requirement under sub. (2) (a) 4. has been met.
(d) 1. An agency may not, when promulgating a rule to readopt a chapter under this subsection, propose changes to a chapter if the changes would do any of the following:
a. Result in any new or additional implementation or compliance costs for any business, local government, or individual subject to the rule.
b. Result in a cost estimate that is greater than zero under s. 227.137 (3) (b) 1.
c. Create a new or more stringent standard, requirement, or threshold. An agency rule that makes less stringent or eliminates an existing standard, requirement, or threshold does not violate this subd. 1. c.
2. The restrictions on rule making under subd. 1. apply to any rule promulgated under this subsection, including rule changes promulgated to comply with a federal requirement or change in federal law.
(4)
Extensions of expiration period.
(a) 1. a. At the request of the agency, the joint committee for review of administrative rules may, at any time prior to the expiration date of a chapter, extend the expiration date for the chapter for a period specified by the committee not to exceed one year.
b. After an extension is granted under subd. 1. a., the joint committee for review of administrative rules may grant an additional extension of the expiration date for the chapter for a period specified by the committee not to exceed one year if the chapter pertains to the issuance of permits, licenses, certifications, or regulatory approvals or is necessary to remain in compliance with federal law.
2. No extension may be granted under this subsection for readoption of a chapter under sub. (3) if the rule readopting the chapter contains any changes to the chapter in substance or form or if the readopted chapter will not be identical to the chapter currently published in the administrative code.
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